What is a Motion in Limine?

If you’re preparing for a personal injury trial—or just trying to understand the legal process—you might come across the term motion in limine. It may sound technical, but it plays a critical role in shaping what the jury hears during your trial.

A motion in limine is a legal request made before trial begins, asking the judge to exclude certain evidence from being presented to the jury. This can help keep the trial fair, prevent prejudice, and keep the focus on the relevant facts of the case.

What does a motion in limine do in a personal injury case?

A motion in limine asks the court to make a ruling about evidence before the trial starts. It’s typically used to keep out information that is irrelevant, prejudicial, misleading, or otherwise inadmissible under the rules of evidence. Personal injury attorneys use these motions to control the narrative of the trial and protect their clients from unfair or harmful information.

Unlike objections during trial, motions in limine are made ahead of time, so the judge can consider them without the jury present.

• It helps prevent unfair or prejudicial evidence from reaching the jury, such as unrelated criminal history or insurance coverage.

• It sets the ground rules early, so both parties know what can and can’t be mentioned.

• If granted, the other side is barred from introducing the excluded evidence at trial.

• Violating a granted motion in limine can lead to a mistrial or sanctions.

What types of evidence are commonly targeted by motions in limine?

In personal injury cases, attorneys often use motions in limine to keep out evidence that could unfairly sway the jury, even if it’s not relevant to the facts of the injury itself. The idea is to prevent emotional or misleading information from being used to distract from the legal issues.

Some common targets include character attacks, prior unrelated injuries, or references to settlement discussions.

• References to the plaintiff’s prior criminal record, especially if unrelated to the injury.

• Evidence of past lawsuits or claims, which could imply the plaintiff is “sue-happy.”

• Mentions of insurance coverage, which are generally inadmissible.

• Hearsay statements, unless they meet a recognized exception.

Who files motions in limine—and when?

Either side—the plaintiff or the defendant—can file a motion in limine, usually in the weeks leading up to trial. These motions are part of pretrial preparation and help each side shape the evidentiary boundaries of the trial.

The court typically hears and rules on them during a pretrial hearing, sometimes as part of a broader motions hearing.

• Plaintiff’s attorneys may file motions to exclude irrelevant personal information.

• Defendants may use them to block emotional appeals or unqualified expert opinions.

• Motions are filed after discovery closes, when both sides know what evidence exists.

• Judges may rule right away or reserve the decision until the issue comes up at trial.

How can a motion in limine affect the outcome of a trial?

While a motion in limine doesn’t decide the case, it can shape the way the case is presented to the jury, and that can have a huge influence. Keeping out damaging or distracting evidence can help the jury focus on the real issues—like liability, causation, and damages.

In some cases, a successful motion in limine can prevent evidence that might have swayed the jury unfairly.

• It controls what evidence the jury hears, which impacts how they view the case.

• It can protect a plaintiff from being unfairly portrayed, especially in emotionally charged cases.

• It may force the opposing side to adjust their trial strategy.

• A well-timed motion in limine can lead to more favorable settlements, by weakening the other side’s position.

Conclusion

A motion in limine is one of the most powerful tools trial attorneys have to protect their clients and ensure a fair trial. It helps define the rules before the game begins—determining what evidence the jury will (and won’t) hear. For personal injury plaintiffs, this can mean the difference between a clean, focused case and one muddied by irrelevant or prejudicial attacks.